Kneettle v. . Newcomb
New York Court of Appeals
Appeal from the Supreme Court. Action for taking and converting the personal property of the plaintiff. Defence, that the defendant Newcomb recovered a judgment against the plaintiff, and that the property was levied on by the defendant Brown, a deputy sheriff, by virtue of an execution on the judgment, by the direction of Newcomb. The property seized and sold on the execution consisted of household furniture and the tools of the plaintiff’s trade as a glass-blower.
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Appeal from the Supreme Court. Action for taking and converting the personal property of the plaintiff. Defence, that the defendant Newcomb recovered a judgment against the plaintiff, and that the property was levied on by the defendant Brown, a deputy sheriff, by virtue of an execution on the judgment, by the direction of Newcomb. The property seized and sold on the execution consisted of household furniture and the tools of the plaintiff’s trade as a glass-blower. It was found that the plaintiff was a householder, having a family for which he provided, at the time when the notes hereinafter…
1Opinion of the CourtDenio, J.
I am of opinion that a person contracting a debt cannot agree with the creditor that, in case of non-payment, he shall be entitled to levy his execution upon property exempt from levy by the general laws of the State. The statutes which allow a debtor, being a householder and having a family for which he provides, to retain, as against the legal remedies of his creditors, certain articles of prime necessity, to a limited amount, are based upon views of policy and humanity which would be frustrated if an agreement like that contained in these notes, entered into in connection with the…
2Cases cited1 opinion
- Woodward v. MurrayNew York Supreme Court · 1820
3Cited by67 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- State v. Avco Financial Service of New York Inc.New York Court of Appeals · 1980
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Bridger v. . GoldsmithNew York Court of Appeals · 1894
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